Many of Utah's visitors choose to experience the beauty of Utah's landscape through a bus or van tour. Bus tours allow passengers to relax and take in the scenery without the hassle of driving. The touring bus or van is also a popular form of transportation for many of Utah's foreign tourists; people visiting from Europe, Asia or South America can travel without the hassle of obtaining an international driver's license. Unfortunately, some tour bus and van drivers and their employers do not follow basic safety rules to keep their passengers safe.
A recent Utah tour van crash killed three Japanese tourists and left others severely injured. Bus driver Yasushi Mikuni, 26, is facing criminal charges for his unsafe driving practices that caused the van to rollover on Interstate 15.
The various factors that are alleged to have contributed to Mikuni crashing the van include:
- Drowsy driving - Mikuni was experiencing driver fatigue; he drove for 11 hours the previous day and only got seven hours of sleep before driving his passengers across southern Utah. He had fallen asleep at the wheel several times before the fatal crash.
- Drug use - Mikuni had been heavily smoking marijuana in the days prior to the bus trip. This likely contributed to the fatigue and perhaps delayed his reaction time. Authorities have charged with felony counts of DUI metabolite, meaning detectable amounts of drugs were in his system at the time of the crash.
- Vision impairment - Bus driver Mikuni was required by law to use eyeglasses while operating a motor vehicle but he was not wearing glasses at the time of the accident.
Tour Van and Tour Bus Liability
Tour vans and buses are common carriers, meaning they are in the business of transporting people or freight. The common carrier classification is important, because common carriers have the utmost duty of care to ensure that their passengers are transported safely. In crashes where passengers are injured or killed, it is often because the common carrier has failed to meet the high standard of care they owed their customers.
Each accident is different and potentially responsible parties vary from case to case. A few of the most common parties that are held responsible for tour van or bus crashes are as follows:
- The bus driver - The tour bus driver may be responsible for the accident because he or she was driving negligently, carelessly or recklessly. The driver could be violating laws restricting the consecutive number of hours he or she may work, resulting in an increased likelihood of fatigued driving. The driver could also be operating under the influence of alcohol or drugs. The bus operator could also be driving distracted or exceeding the speed limit. Failure to take into account dangerous weather or road conditions can also result in driver liability.
- The tour bus company - The tour bus company may be held liable for the improper actions taken by a driver. The bus company is responsible for hiring safe, qualified drivers and then providing them adequate training and supervision. A bus company is also responsible for maintenance of the bus itself and its safety features.
- The bus manufacturer - The company that manufactured the bus may be responsible for defects or flaws under several different legal theories. Defects in the construction of the bus or flaws in the design may make the automaker liable for the injuries sustained. Manufacturers have a duty to ensure that their vehicles are safe for their intended use, and must provide warnings regarding potential hazards.
- The tire manufacturer - If the tour bus crash was caused by a tire blow-out, then the tire manufacturer could potentially be responsible depending on the circumstances.
- Third-party drivers - Other motorists that helped create the bus passenger's injuries may also be held liable. Cutting off or rear-ending a tour bus may create liability from the third-party motorist to the bus passenger.
International Visitors
Many of Utah's tour bus and tour van customers are foreigners visiting the United States. Many of these international visitors do not understand that they may be entitled to damages for their injuries. The availability of a civil lawsuit may be unusual to visitors from nations such as China or Japan. However, when the United States welcomes foreign visitors onto its soil it allows them to legally protect themselves for wrongs that they suffer during their stay.
A reputable personal injury attorney in Utah can work with victims, even across great distances, to protect the injured party's rights.
After an Accident
If you or a loved one in injured in a tour bus or van accident, it is crucial to contact an experienced Utah personal injury attorney. A knowledgeable attorney will investigate the accident and hold all responsible parties accountable. A skilled Utah lawyer will help carry a victim's legal burdens so that the victim may focus on the healing process.
